45-8. Survivorship among donees of power of sale.
In all mortgages and deeds of trust of real property wherein two or more persons, as trustees or otherwise, are given power to sell the property therein conveyed or embraced, and one or more of such persons dies, any one of the persons surviving having such power may make sale of such property in the manner directed in such deed, and execute such assurances of title as are proper and lawful under the power so given; and the act of such person, in pursuance of said power, shall be as valid and binding as if the same had been done by all the persons on whom the power was conferred. (1885, c. 327, s. 2; Rev., s. 1033; C.S., s. 2582; 1967, c. 562, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust
Article 2 - Right to Foreclose or Sell under Power.
§ 45-5 - Foreclosures by representatives validated.
§ 45-6 - Renunciation by representative; clerk appoints trustee.
§ 45-7 - Agent to sell under power may be appointed by parol.
§ 45-8 - Survivorship among donees of power of sale.
§ 45-9 - Clerk appoints successor to incompetent trustee.
§ 45-10 - Substitution of trustees in mortgages and deeds of trust.
§ 45-14 - Acts of trustee prior to removal not invalidated.
§ 45-15 - Registration of substitution constructive notice.
§ 45-17 - Substitution made as often as justifiable.
§ 45-18 - Validation of certain acts of substituted trustees.
§ 45-19 - Mortgage to guardian; powers pass to succeeding guardian.
§ 45-20 - Sales by mortgagees and trustees confirmed.
§ 45-20.1 - Validation of trustees' deeds where seals omitted.
§ 45-20.3 - Validation of deeds where seal omitted on power of attorney.
§ 45-21 - Validation of appointment of and conveyances to corporations as trustees.